Information on Getting a Legal Separation
Often, some married couples will choose a legal separation when a divorce is imminent. A married couple will generally seek a legal separation instead of a divorce because it gives the couple more time to determine whether a divorce is the right option. Also, according to attorney Aaron Lawson, a couple may seek a legal separation for the following reasons: religious reasons, medical insurance purposes, tax purposes, the long waiting period of divorce or a couple may hope to try out a separation prior to a final divorce.
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Definition of Legal Separation
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Legal separation is sometimes referred to as separate maintenance in some states. Legal separation involves a temporary separation from the marriage. People generally request a legal separation at the same time they request child support, custody and alimony.
Filing for Legal Separation
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A married couple may file for a legal separation by written agreement or by filing in a family court. It is relatively easy to find sample separation forms on your state's family court website; however, a married couple might want to speak with an attorney to help.
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Benefits
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A legal separation is great for married parents who are not sure they want a divorce. Also, although, there is generally a waiting period for divorce, there is not a waiting period for a legal separation. Additionally, a married couple can obtain a legal separation without going to court. In some states, after a year of legal separation, a married couple will be able to obtain a divorce, based on the separation, without a separate court battle.
Drawbacks
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There are several drawbacks to obtaining a legal separation. Finances might change between the time of the legal separation and a divorce. However, the manner in which the financial aspects were addressed in court, will probably be the same manner the finances are handled for the divorce. Also, some couples might obtain a legal separation as a temporary solution, assuming that marriage will rebound. However, for those couples, legal separation might just serve as a temporary band-aid for an ultimate divorce. Lastly, a legal separation can be as expensive and complicated as a divorce. A married couple should be fairly certain of their wishes for separation, prior to tackling a formal process such as legal separation.
Considerations
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A legal separation is not a divorce. A couple will still be obligated to pay joint taxes and property expenses, if applicable. Also, if a husband or wife plans to remarry, he or she will be unable to do so until receiving a final divorce decree. This might slow future marital plans. A couple should speak to an attorney prior to signing a written agreement because an attorney can ensure that any agreement is fair and equitable. A married couple, considering legal separation, should also speak with a qualified accountant in their state to ensure that all financial implications of the separation will be handled in an appropriate manner.
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